The firm has successfully represented its clients Alkem Laboratories and Mankind Pharma Ltd in a pharmaceutical patent matter resulting in denial of injunction to Boehringer Ingelheim, in an order pronounced on 29.03.2023.

The judgment holds that the species patent is vulnerable to challenge under Section 64(1)(a) i.e. prior claiming and that filing of multiple patent claims in respect of the same invention amounts to evergreening and re-monopolizing, which strike at the root of patent law in India. The judgment specifically notes that the conduct of the Plaintiffs defeats the rights of the manufacturers and is also detrimental to the public interest. The judgment provides a clear test for establishing prior claiming in India, and also returns the finding that admissions made in working statements and pleadings and can be considered at the stage of interim injunction. Most importantly, the judgment holds that usage of different words such as ‘encompassed’ and ‘covered’ mean the same thing and any play on semantics would be in the teeth of the landmark Novartis vs Union of India judgment.

Dismissing all injunction applications in all the connected matters, the Hon’ble Court imposed a cost of Rs 2,00,000 to each Defendant, and an additional cost of Rs 2,00,000 in favour of Delhi High Court Legal Services Committee, on account of detriment caused to public interest. The Defendants have been directed to maintain complete accounts of manufacture and sale of the impugned products and file statement of accounts on half yearly basis.

Team involved Bitika Sharma (Partner), Nitya Sharma (Senior Associate), Vrinda Pathak (Senior Associate), George Vithayathil (Associate).